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October 7, 2004

PLEASE NOTE TIME CHANGE

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 7, 2004
4:30 PM

Regular Meeting

President: Shelley Bradford Bell
Vice-President: Sue Lee
Commissioners: Michael J. Antonini; Kevin Hughes; William L. Lee; Christina Olague

Commission Secretary: Linda D. Avery

Commission Calendars are available on the Internet at http://www.sfgov.org/planning
or as a recorded message at (415) 558-6422.

To view the hearing in progress on the Internet: http://www.sfgov.org/sfgtv

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1660 MISSION STREET, 5TH FLOOR RECEPTION

Commission Meeting Procedures

Material submitted by the public for Commission review prior to a scheduled hearing should be received by the Planning Department reception counter at 1660 Mission Street, 5th floor, no later than 5:00 PM the Wednesday (eight days) prior to the scheduled public hearing. Persons unable to attend a hearing may submit written comments regarding a calendared item to: Planning Commission, 1660 Mission Street, Suite 500, San Francisco, CA 94103-2414. Comments received by 11:00 AM on the day of the hearing will be made part of the official record and will be brought to the attention of the Planning Commission at the public hearing. Otherwise, submit material related to a calendared item at the scheduled hearing for distribution. For complete distribution to all Commissioners, necessary staff and case/docket/correspondence files, submit an original plus 10 copies. When sending e-mail correspondence to Commissioners, please copy the Commission Secretary at: linda.avery@sfgov.org

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

Commission action on conditional-uses and reclassification may be appealed to the Board of Supervisors within 30 days. Call (415) 554-5184 for more information. Commission actions after Discretionary Review may be appealed to the Board of Appeals within 15 days of action by the Central Permit Bureau. Call (415) 575-6880 for more information. Zoning Administrator action on a variance application may be appealed to the Board of Appeals within 10 days of issuance of the written decision.

The Commission has instituted a policy that, in most cases, they will not call an item for consideration after 10:00 PM. If an item is scheduled but not called or introduced prior to 10:00 PM, the Commission may continue the matter to the next available hearing. Items listed on this calendar will not be heard before the stated time.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices (67A.1 Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

For more information related to Planning Commission matters, please call Linda D. Avery, Commission Secretary, at (415) 558-6407.

San Francisco Lobbyist Ordinance

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action my be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; and web site http//www.sfgov.org/ethics.

Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 400, fourth floor, San Francisco, CA. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. Requests for American sign language interpreters, sound enhancement systems and/or language translators will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 48 hours prior to a hearing. A sound enhancement system will be available upon request at the meetings. Please contact Services for the Deaf and Hearing Impaired at 557-5533 (TDD) or 557-5534 (Voice) at least 48 hours prior to the meeting. Late requests will be honored if possible. A person who is deaf or hearing impaired may gain meeting information prior to the meeting by calling 557-4433 (TDD) or 557-4434 (Voice). In addition, individuals with hearing and speech impairments can use the California Relay Service by calling 1-800-735-2929 (TDD) or 1-800-735-2922 (Voice). Minutes of the meetings are available in alternative formats. If you require the use of a reader during the meeting, please contact the Library for the Blind and Print Handicapped at 292-2022 at least 48 hours in advance of need. Accessible seating for persons with disabilities (including those using wheelchairs) will be available at meetings. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall, Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at Donna.Hall@sfgov.org.

Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City's website at www.sfgov.org/bdsupvrs/sunshine..

COMMUNICATIONS

Note: Each item on the Consent or Regular calendar may include the following documents:

1) Planning Department Case Executive Summary

2) Planning Department Case Report

3) Draft Motion or Resolution with Findings and/or Conditions

4) Public Correspondence

These items will be available for review at the Planning Department, 1660 Mission St., 5th floor reception.

4:30 PM _________

ROLL CALL: Commission President: Shelley Bradford Bell

          Commission Vice-President: Sue Lee

          Commissioners: Michael J. Antonini; Kevin Hughes; William L. Lee Christina Olague

A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

      The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

      1. 2004.0182C (B. FU: (415) 558.6613)

          1135 EVANS AVENUE - southwest corner of Evans Avenue and Middle Point Road, Lot 014, Assessor's Block 4602A - Request for Conditional Use authorization under Planning Code Sections 711.83 and 790.80 to install a wireless telecommunications facility consisting of 3 panel antennas on an existing 69-foot lattice tower and related equipment on the ground as part of Sprint PCS's wireless telecommunications network on a Location Preference 2 (Preferred Location - Co-Location Site) according to the Wireless Telecommunications Services (WTS) Siting Guidelines within a NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Approval with conditions

          (Proposed for Continuance to October 14, 2004)

      2. 2004.0585D (R. CRAWFORD: (415) 558-6358)

          20 CRAGMONT AVENUE - northeast side between 12th Avenue and Oriole Way. Assessor's Block 2123B Lot 001G - Request for Discretionary Review of Building Permit Application No.2004 0407 0748, construct a new three story single family dwelling on a vacant lot in an RH-1 (Residential House, One Family) District, and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and Modify the Project.

          (Proposed for Continuance to October 14, 2004)

      3. 2004.0757D (T. TAM: (415) 558-6325)

          707 HURON AVENUE - southeast side between Whipple and Farragut Streets, Lot 44 in Assessor's Block 7100 - Request for Discretionary Review for Building Permit Application No. 2004.01.30.5277S, to construct a new two-story rear horizontal extension to an existing two-story, single-family dwelling. The project also proposes converting the existing storage space on the ground floor into habitable area. The property is located in the RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

          (Proposed for Continuance to October 14, 2004)

      4. 2004.0760DDDD (T. TAM: (415) 558-6325)

          4027-19TH STREET - south side between Noe and Hartford Streets, Lot 88 in Assessor's Block 3602 - Request for Discretionary Review for Building Permit Application No. 2003.05.20.5067S, to construct a two-story vertical addition to the existing one-story-over basement, two-unit dwelling. The project also proposes to convert the existing basement into habitable space and construct a new two-car garage. The property is located in the RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

          (Proposed for Continuance to October 14, 2004)

      5. 2004.0479D (T. WANG: (415) 558-6335)

          10 PORTOLA DRIVE - southwest side between Fenton and Golding Lanes; Lot 021 in Assessor's Block 2826 - Request of Discretionary Review of Building Permit Application No. 2004.02.06.7278, proposing to extend the existing second and third floors towards the rear of the lot and construct a fourth story vertical addition to an existing two-story over garage, single-family dwelling in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and approve the project with modifications

          (Proposed for Continuance to October 14, 2004)

      6. 2004.0765D (D. SIDER: (415) 558-6697)

        3616 FOLSOM STREET - west side between Eugenia and Powhattan Avenues, Lot 004 in Assessor's Block 5651 - Mandatory Discretionary Review of Building Permit Application Number 2004.03.31.0043 proposing to (1) merge two legal dwelling units into a single dwelling unit and (2) construct additions to the side, rear, and roof of the existing building. Planning Commission Resolution Number 16053 requires a Discretionary Review hearing for all projects, which result in the removal of a legal dwelling unit. The property is located in an RH-1 (Residential, House, Single-Family) Zoning District, the Bernal Heights Special Use District, and a 40-X Height and Bulk District.

        Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

          (Proposed for Continuance to October 14, 2004)

      7. 2004.0837D (M. WOODS: (415) 558-6315)

          2405 OCTAVIA STREET - west side between Broadway and Pacific Avenue; Lot 5 in Assessor's Block 578 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2004.02.03.5401S, proposing to reduce the existing seven-unit building to a five-unit building in an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and disapprove the proposed dwelling unit merger.

          (Proposed for Continuance to October 21, 2004)

      8. 2004.0666DD (S. SNYDER: (415) 558-6543)

          37 POWERS STREET - north side between Coleridge and Mission Streets; lot 6 in Assessor's Block 5518; Neighbor-initiated Discretionary Review of Building Permit Application No. 2004.04.05.0592, proposing to construct vertical and horizontal additions to a single-family dwelling in an RH-2 (House, Two-family) District and a 40-X Height and Bulk District, and the Bernal Heights Special Use District.

          Preliminary Recommendation: Pending

          (Proposed for Continuance to November 4, 2004)

          9a. 2001.0249CV (K. AMDUR: (415) 558-6351)

                605 KEARNY STREET - west side between Sacramento and Commercial Streets, Lot 7 in Assessor's Block 226 - Request for a Conditional Use authorization for a building exceeding 35 feet in height in the Chinatown Community Business (CCB) Zoning District and a 50-N Height and Bulk District. The proposal is to add one four-story dwelling unit to an existing one-story commercial building on a small, approximately 700 square foot, 29.5-foot deep lot. The commercial unit on the ground floor would remain. The building would be 50 feet in height with the proposed addition. The addition, like the existing commercial building, would cover the entire small site. No parking would be provided. Both a parking and a rear yard/site coverage variance would be required and will be considered by the Zoning Administrator at the same hearing as the Conditional Use authorization. Required open space would be provided on a rooftop terrace.

                Preliminary Recommendation: Approval with Conditions

                (Continued from Regular Meeting of September 9, 2004)

          (Proposed for Continuance to November 18, 2004)

          9b. 2001.0249CV (K. AMDUR: 558-6351)

                605 KEARNY STREET - west side between Sacramento and Commercial Streets, Lot 7 in Assessor's Block 226 - Request for a Variance for rear yard/site coverage and parking for a building in the Chinatown Community Business (CCB) Zoning District and a 50-N Height and Bulk District. The proposal is to add one four-story dwelling unit to an existing one-story commercial building on a small, approximately 700 square foot, 29.5-foot deep lot. The commercial unit on the ground floor would remain. The building would be 50 feet in height with the proposed addition. The addition, like the existing commercial building, would cover the entire small site, and no parking would be provided. Required open space would be provided on a rooftop terrace. Conditional use authorization is also required for a building in the CCB to exceed 35 feet in height.

                (Continued from Regular Meeting of September 9, 2004)

          (Proposed for Continuance to November 18, 2004)

      10. 2004.0389D (J. PURVIS: (415) 558-6354)

          684 ARKANSAS STREET - west side between 20th and 22nd streets; Lot 016 in Assessor's Block 4098 - Neighbor-initiated Discretionary Review on the proposed conversion of a single-family dwelling to a two-family dwelling with vertical and horizontal extensions, under Building Permit Application No. 2003.05.22.5290. The site is in an RH-2 (Residential, House, Two-Family) Use District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the project.

          (Proposed for Continuance to November 18, 2004)

      11. 2004.0472I (D. ARGUMEDO: (415) 558-6284)

          HASTINGS COLLEGE OF LAW - Notification by Zoning Administrator of filing of Hastings College of Law Institutional Master Plan per Planning Code Section 304.5 (d). The submitted institutional master plan details Hastings's current physical plant, demographics, and outlines their 10-year development plan. This public hearing is for receipt of public testimony only, while receipt of this institutional master plan does not constitute acceptance, or approval, of any of the detailed proposed projects.

          (Proposed for Continuance to November 18, 2004)

      12a. 2003.0253D (G. NELSON: (415) 558-6257)

          5126-5130 ANZA STREET - north side between 42nd and 43rd Avenues; Lot 016 in Assessor's Block 1502 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2001.03.07.3680 to demolish an existing two-story two-family dwelling (the project also proposes the construction of a new two-family dwelling) in an H-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Pending.

      (Continued from Regular Meeting of August 5, 2004)

      (Proposed for Continuance to January 13, 2005)

      12b. 2004.0682D (G. NELSON: (415) 558-6257)

          5126-5130 ANZA STREET - north side between 42nd and 43rd Avenues; Lot 016 in Assessor's Block 1502. Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction to replace demolished housing, of Building Permit Application No. 2001.03.07.3684 for the new construction of a three-story, two-family dwelling in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The proposed new building will contain two off-street parking spaces.

      Preliminary Recommendation: Pending

          (Continued from Regular Meeting of August 5, 2004)

          (Proposed for Continuance to January 13, 2005)

      13. 2004.0737Z (P. LORD: (415) 558-6311)

          107 24TH AVENUE REZONING - Consideration of an Ordinance to amend the Planning Code by amending the Zoning Map of the City and county of San Francisco to change the use classification of the property located at 107 24th Avenue (Assessors Block 1334, Lot 1) from RH-1 (Low Density Residential) zoning to P (Public) and, making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

          (Proposed for Indefinite Continuance)

B. COMMISSIONERS' QUESTIONS AND MATTERS

      14. Consideration of Adoption - Draft Minutes of August 12, September 2 and 9, 2004.

      15. Commission Comments/Questions

C. DIRECTOR'S REPORT

      16. Director's Announcements

      17. Review of Past Week's Events at the Board of Supervisors and Board of Appeals

D. REGULAR CALENDAR

      18. 2004.0762I (D. ARGUMEDO: (415) 558-6284)

          UNIVERSITY OF SAN FRANCISCO - Notification by Zoning Administrator of filing of 10 year Institutional Master Plan by the University of San Francisco and subsequent public hearing as per Planning Code section 304.5 (d). The purpose of this hearing is for the receipt of public testimony only and in no way constitutes an approval or disapproval of the Institutional Master Plan by the Planning Commission. The City requires each post-secondary and medical institution to submit, and have on file with the Planning Department, a current institutional master plan describing the existing and anticipated future development of that institution.

      19. 2004.0739T (P. LORD: (415) 558-6311)

          LANDMARKS PRESERVATION ADVISORY BOARD ADVICE - Consideration of an a Ordinance amending Section 1009 and Section 356 of the Planning Code to provide that property owners may seek the written advice of the Landmarks Preservation Advisory Board as to whether proposed alterations to an historic property are consistent with the Secretary of the Interior's Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring, and Restructuring Historic Buildings, defining historic properties, providing that the Planning Department may charge any party requesting the Advisory Board's advice for the Department's time and materials costs, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

          Preliminary Recommendation: Approval

      20. 2004.0370C (G. NELSON: (415) 558-6257)

          3640 BALBOA STREET - north side between 37th and 38th Avenues; Lot 005F in Assessor's Block 1580 - Request for Conditional Use authorization pursuant to Section 161(j) of the Planning Code to allow the construction of two dwelling units without off-street parking. The proposal is to alter a mezzanine story within an existing 20-foot tall commercial structure and to add two additional floors to the building, resulting in an approximately 40-foot tall, four-story building. The two top floors will each contain a dwelling unit. The reconfigured second floor contains storage space ancillary to the restaurant below (considered a Business or Professional Service use per Section 711.53 of the Code). The subject property is within an NC-2 (Small Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

      Preliminary Recommendation: Approval with conditions.

      (Continued from Regular Meeting of September 23, 2004)

          21. 2002.0271L (M. SNYDER: (415) 575.6891)

          150 OTIS STREET - The Juvenile Court and Detention Home, north side between McCoppin Street and Duboce Avenue. Lot 7 in Assessor's Block 3513 - Request for the Planning Commission to adopt a Resolution approving the designation of the Juvenile Court and Detention Home as Landmark 248, and recommending to the Board of Supervisors that they approve the designation of the Juvenile Court and Detention Home as Landmark 248.

                Preliminary Recommendation: Approval

          22a. 2002.1220E!KCV (M. LI: (415) 558-6396)

          999 GEARY STREET (AKA 990 POLK STREET) - southeast corner at Polk Street, Lots 006 and 007 in Assessor's Block 0716 - Adopting CEQA findings regarding a request to construct a nine-story, 84-foot-high building containing up to 110 dwelling units for low-income senior citizens within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. In response to the modified scope of the project, a memorandum dated May 12, 2004 was issued to revise the Final Mitigated Negative Declaration adopted on June 2, 2003.

      Preliminary Recommendation: Adopt the CEQA findings

          22b. 2002.1220E!KCV (M. LI: (415) 558-6396)

          999 GEARY STREET (AKA 990 POLK STREET), - southeast corner at Polk Street, Lots 006 and 007 in Assessor's Block 0716 - Request for conditional use authorization to (1) construct a nine-story, 84-foot-high building containing up to 110 dwelling units for low-income senior citizens on a lot exceeding 9,999 square feet and (2) reduce the number of required residential parking spaces within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. The project is proposing to provide 15 off-street parking spaces where 22 spaces are required.

      Preliminary Recommendation: Approve with conditions

      22c. 2002.1220E!KCV (M. LI: (415) 558-6396)

                999 GEARY STREET (AKA 990 POLK STREET) - southeast corner at Polk Street, Lots 006 and 007 in Assessor's Block 0716 - Rear yard modification and dwelling unit exposure variance sought. The proposed project is the construction of a nine-story, 84-foot-high building containing up to 110 dwelling units for low-income senior citizens within an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 130-E Height and Bulk District. The project will not provide a Code-complying rear yard, and a total of seven dwelling units on the second and third floors will not provide the required exposure. The rear yard modification and dwelling unit exposure variance will be considered by the Zoning Administrator.

          23. 2004.0267C (G. NELSON (415) 558-6257)

          3231-3237 PIERCE STREET - west side between Chestnut and Lombard Streets; Lots 005 and 006 in Assessor's Block 0489 - Request for Conditional Use authorization pursuant to Sections 145.2, 711.24, and 303 of the Planning Code to allow an outdoor activity area at the rear of two adjoining lots as part of a proposal to create a retail nursery (considered "Other Retail Sales and Services" per Sec. 790.102 of the Code) on the property. The proposal is also to demolish an existing single-story commercial structure at the front of LOT 005 and a garage structure at the rear of lot 005 and construct a commercial structure on lot 005. The outdoor nursery area would occupy the rear yards of both Lot 005 and 006. If approved, the proposed business (Sloat Garden Center) would have 11 retail stores (in the greater Bay area) and would then be considered a formula retail business per sections 703.3 and 711.40 of the Code.

                Preliminary Recommendation: Approval with Conditions.

            (Continued from Regular Meeting of September 2, 2004)

      24a. 2003.0462D (G. NELSON (415) 558-6257)

          261 26th AVENUE - west side between Lake and California Streets; lot 011 in Assessor's Block 1386 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.01.10.4988, proposing to demolish a two-story single-family home in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve demolition.

      24b. 2004.0755D (G. NELSON: (415) 558-6257)

          261 26TH AVENUE - west side between Lake and California Streets; lot 011 in Assessor's Block 1386 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2003.01.10.4991, proposing to construct a new four-story, three-unit building with three off-street parking spaces in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the project as submitted.

      25. 2004.0608D (M. SNYDER: (415) 575-6891)

          500 8TH STREET/1001 BRYANT STREET - southwest corner of 8th Street and Bryant Street, Lots 001C and 10 in Assessor's Block 3781 - Mandatory Discretionary Review of Building Permit Application No. 2004.06.16.6585 proposing to establish a automotive dealership, showroom, service center, and accessory administrative offices for Mercedes Benz in the Housing / PDR and the Housing / Mixed-Use Overlay Zones pursuant to Planning Commission Resolution 16727 (The Eastern Neighborhoods Interim Policies). The subject site is within a M-2 (Heavy Industrial) District and 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

      26a. 2003.0304CV (J. PURVIS: (415) 558-6354)

          829 FOLSOM STREET - south side between 4th and 5th Streets, a through lot to Shipley Street; Lot 091 in Assessor's Block 3752 - Request for Conditional Use authorization under Planning Code Sections 207.5, 263.11, 271, and 157 to construct a nine-story, mixed-use building with up to 69 dwelling units at a density of one unit per 147 square feet of lot area under Section 207.5, to construct an 85-foot-tall building (with a 16-foot-tall mechanical penthouse) in the 40-X/85-B Height and Bulk District under Section 263.11, to exceed the bulk limits at the 50-foot height by 60 feet in length and 54 feet diagonally (by 48 feet in length and 42 feet diagonally at the 65-foot height) under Section 271; and to provide parking exceeding accessory amounts (with up to 62 spaces for project residents) under Section 157. On the ground floor, garage access would be provided at Shipley Street, and up to 5,000 gross square feet of retail space would be provided with access from Folsom Street. The proposed project would also require a rear yard modification and a variance from dwelling unit exposure requirements. The site is within an RSD (Residential/Service) South of Market Mixed-Use District, and a 40-X/85-B Height and Bulk District.

      Preliminary Recommendation: Approval with modifications and conditions

          (Continued from Regular Meeting of August 12, 2004)

          NOTE: On May 27, 2004, the Commission passed a motion of intent to approve by a vote +5 -1. Commissioner S. Lee voted no. Final Language July 1, 2004. Public testimony remains open on any new information.

          NOTE: On July 1, 2004, the Commission continued the matter to August 12, 2004.

          NOTE: On August 12, 2004, without a hearing, the Commission continued the matter to October 7, 2004.

      26b. 2003.0304CV (J. PURVIS: (415) 558-6354)

                829 FOLSOM STREET - south side between 4th and 5th Streets, a through lot to Shipley Street; Lot 091 in Assessor's Block 3752 - Requests for Variances. The proposal is to construct a nine-story, mixed-use building with up to 69 dwelling units, up to 5,000 gross square feet of ground floor commercial space and a 62-space parking garage. A rear yard modification is sought under Section 134(e) to provide rear yard open space within an inner court and on a 7th floor setback of 10-15 feet along Shipley Street. A variance is sought from dwelling unit exposure requirements, as the horizontal dimensions of the inner court do not meet the requirements for an open area as defined under Section 140(a)(2) for dwelling unit exposure, and 27 of the 70 units have no exposure other than this inner court. The site is within an RSD (Residential/Service) Mixed-Use District, and a 40-X/85-B Height and Bulk District.

          (Continued from Regular Meeting of May 27, 2004)

          NOTE: On May 27, 2004, Zoning Administrator has left the public hearing open and continued the item to July 1, 2004.

          NOTE: On July 1, 2004, Zoning Administrator continued the matter to August 12, 2004.

          NOTE: On August 12, 2004, without a hearing, Zoning Administrator continued the matter to October 7, 2004.

G. PUBLIC COMMENT

      At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

      The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

      (1) responding to statements made or questions posed by members of the public; or

      (2) requesting staff to report back on a matter at a subsequent meeting; or

      (3) directing staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Adjournment:

PLEASE NOTE:

The Commission has instituted a policy that, in most cases, they will not call an item for consideration after 10:00 PM. If an item is scheduled but not called or introduced prior to 10:00 PM, the Commission may continue the matter to the next available hearing

Last updated: 11/17/2009 9:59:51 PM